Summary: As a result of severe flooding associated with FEMA-1649-DR-PA and 1684-DR-PA, Luzerne County (Applicant) sustained damage to numerous roadway structures. The Applicant requested assistance from the Federal Emergency Management Agency (FEMA) to replace and upgrade several roadway structures. The Applicant stated that the upgrades were requirements of the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Department of Transportation (PNDOT). In January of 2008, the Applicant submitted its first appeals for the expanded scope of work and cost estimates for the roadway structures projects. The Regional Director denied the first appeals stating that the proposed upgraded roadway structures represented substantial improvements over the pre-disaster design, function, and capacity. It was also noted that the first appeals were submitted well beyond the regulatory time frame. In its second appeal, the Applicant reiterated its position that the costs associated with the expanded scope of work should cover the cost estimate of the design and construction of the upgraded structures. In addition, the Applicant argues that the 60-day timeline to file the first appeal from when the projects were obligated by FEMA were not reasonable in relation to project formulation. The Applicant has not provided documentation of a written and formally adopted standard that specifies upgrades to the roadway structures. Furthermore, the Applicant did not prove that the DEP permit requirement or the PNDOT highway bridge requirements required the Applicant to upgrade its structures.

Issues:Is the change in scope of work to the upgraded structures an eligible code and standard upgrade?